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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 34

Meeting Date: November 13, 2007

Subject/Title: Adopt a Resolution accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by The Mission Peak Company.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by The Mission Peak Company.

PREVIOUS ACTION
On January 15, 2002, by Resolution No. 02-03, Planning Commission approved Tentative Subdivision Map No. 8470, with conditions.

On August 12, 2003, by Resolution No. 2939, City Council approved Final Subdivision Map No. 8470, accepting improvement securities and approving a Subdivision Improvement Agreement.

On October 9, 2007, City Council continued the acceptance action of public improvements for Subdivision No. 8470.

BACKGROUND
Phase I of this subdivision, located south of Lone Tree Way and east of Empire Avenue, has been developed by The Mission Peak Company (“Developer”) and contains 65 single-family residential lots. All public improvements required by the project’s Conditions of Approval, for Phase I, have been constructed and inspected for conformance with the approved improvement plans including sewer, water and storm drain lines, sidewalk, paving, streetlights, fiber optic conduit and landscaping. As a part of this project, the Developer has constructed the south side of Lone Tree Way widening and Empire Avenue south of Lone Tree Way across the project frontage including improvements to the intersection of Lone Tree Way and Empire Avenue. Landscaping and an asphalt trail along the EBMUD aqueduct on the south portion of the project have also been constructed.

As required by the Conditions of Approval and shown on the improvement plans, the Developer has installed the following improvement quantities: 3,223 Lineal Feet (“LF”) of 10” sewer lines, 2,880 LF of 8” sewer lines, 4,261 LF of 8” water lines, 5,210 LF of various diameter storm drains, 11,525 LF of 5’ wide sidewalk, 3,827 LF of pavement, 11,758 LF of curb and gutter, 42 streetlights, 102,154 Square Feet (“SF”) of landscaping and irrigation and 1,240 LF of asphalt trail.

As stated above, the Amber Park Subdivision is located on the east side of Empire Avenue. At the October 9 Council meeting, residents from the west side of Empire Avenue spoke regarding the proposed acceptance action. Their concerns were related to various issues, including; completion of mitigation measures listed in the Mitigated Negative Declaration for the project, wall, noise, drainage, lack of landscaping along the west side of Empire Avenue, glare from the streetlights and lack of bus stop on Empire Avenue south of Lone Tree Way.

Per the City’s Development Fee Program, property owners are financially responsible for street frontage improvements, including utilities and walls, upon development of their property. This west side roadway work was conditioned on the east side development project after numerous meetings with neighborhood residents and requests for four-lane construction rather than phased two-lane construction. As required by the Subdivision Map Act, the City reimbursed the Developer for west side Empire Avenue improvements as roadway oversizing. Wall construction was requested by residents and performed in exchange for right-of-way necessary for the ultimate four-lane construction. The following outlines further work conditioned on the project and information in response to the resident’s concerns.

Environmental Study for the Project: A Mitigated Negative Declaration (“MND”) was prepared for the project in accordance with the California Environmental Quality Act (“CEQA”) Guidelines. The MND identified a number of potentially significant impacts associated with the project, each of which was reduced to a level of less-than-significant by implementing specific mitigation measures. Each mitigation measure has been completed to staff’s satisfaction, so each potentially significant impact has therefore been reduced to a level of less-than-significant. It should be noted that the MND for this project was approved by the City Council on April 23, 2002. The approval was followed by a 180-day statute of limitations on court challenges to the approval under CEQA.

Wall Along Empire Avenue: The MND for the project and subsequent Noise Assessment Study identified Empire Avenue as a four lane arterial road to be constructed per the City’s General Plan. The noise study did not indicate a wall necessary for the west side properties, though a wall was constructed at the resident’s request and pursuant to the agreements between the City and property owners in exchange for Empire Avenue right-of-way. Wall openings for Empire Avenue driveway access are also at locations as discussed with the residents during the design process.

Drainage: As a standard Condition of Approval, new development is required to address upstream drainage and accept existing drainage patterns. This condition has been satisfied by construction of a storm drain system with inlets behind the curb along the west side of Empire Avenue. The wall along the west side of Empire Avenue has drainage holes near the bottom to allow drainage from the private property into the storm drain system as well as some properties with subdrain behind the wall.

Landscaping: West side Empire Avenue landscaping, in front of existing residents, was not included as a project Condition of Approval, or as a part of the right-of-way acquisition agreements with the property owners. This landscape work would have been reimbursable by the City. The funds that would have been used for landscaping were used instead for the ultimate four-lane widening of Empire Avenue. This four-lane roadway widening was requested by the residents to avoid interim two-lane construction and ultimate widening at a later date. Since the properties on the west side of Empire Avenue are not contributing to the existing landscape and lighting district, if landscaping had been constructed, there would likely be no way to pay for maintenance except through the General Fund.

Bus Stop: Bus stops and shelters are currently located at all four corners of the Lone Tree Way Empire Avenue intersection. Each stop is on the “far side” of the intersection as preferred by Tri Delta Transit for traffic safety purposes and located to the satisfaction of the City Engineer as indicated in the condition of approval.

Streetlight Glare: A street lighting plan was reviewed and approved by the City, and lights have been installed per City Standards. As a part of the project’s punchlist and to meet the Conditions of Approval, shields have been added to some of the streetlights to redirect lighting along the arterial roadway and reduce glare.

Parks: The Developer has satisfied the project’s Conditions of Approval and Municipal Code Section 16.150 by a combination of park land dedication and construction, trail construction and payment of Parks and Trails Development Fees.

Through the City’s walk through and punchlist process, the conditioned improvements have been confirmed as constructed and completed per City Standards. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for all improvements. The easements and right-of-way necessary for public parcels, roadways and utilities were previously offered for dedication and accepted by the City with the Final Map. The improvements are now installed to support the new lots; therefore, it is the appropriate time to accept the improvements.

Following the October 9th City Council meeting, counsel for the residents requested a meeting between the residents, City and the Developer. Staff agreed to a meeting between the residents and the City as a follow up to the residents’ concerns. Counsel for the residents was provided several dates and times for the meeting. She disagreed with the Developer not being present and proposed alternative times that either fell on a City holiday, conflicted with staff schedules, or that would occur after tonight’s meeting. In all instances she again asked that the Developer be present; however, staff did not feel it appropriate to include the Developer at such a meeting, given the fact that the improvements have been completed and nothing additional is required of the Developer for Phase I.

FISCAL IMPACT
Upon acceptance of improvements the City will incur annual costs associated with necessary maintenance of streets, landscaping and utilities. Routine roadway maintenance will be funded by the General Fund and Measure “C” transportation sales tax, with sewer and water maintenance funded through their respective enterprise funds. Landscaping and Lighting Assessment District (LLD) No. 02-3 has been formed for this subdivision and will be responsible for the street lighting and landscape maintenance.

Attachments:
Resolution
Site Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING ALL PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE SUBDIVISION MAINTENANCE BOND AND RELEASING THE SUBDIVISION IMPROVEMENT SECURITIES FOR SUBDIVISION NO. 8470, AMBER PARK PHASE I, LOCATED SOUTH OF LONE TREE WAY AND EAST OF EMPIRE AVENUE, DEVELOPED BY THE MISSION PEAK COMPANY.


WHEREAS, on January 15, 2002, by Resolution No. 02-03, Planning Commission approved Tentative Subdivision Map No. 8470, with conditions; and

WHEREAS, on August 12, 2003, by Resolution No. 2939, City Council approved Final Subdivision Map No. 8470, accepting improvement securities and approving a Subdivision Improvement Agreement; and

WHEREAS, easements and rights-of-way necessary for public parcels, roadways and utilities were previously offered for dedication and accepted by the City with the Final Map; and

WHEREAS, the required public improvements have been completed and constructed in substantial conformance with the approved improvement plans.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8470, Amber Park Phase I, developed by The Mission Peak Company that:

1. All public improvements for maintenance are hereby accepted.
2. The Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve months is hereby accepted.
3. The Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.
4. The City Clerk is hereby directed to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13th day of November 2007 by the following vote:

 
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